4450 Rezone 4005 Church Street MaksimowiczOrdinance No. 4450
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 1.18 acres in size and located at 4005 Church
Street (Tax Parcel Identification Number 21-19-30-505-0000-004A)
within the City Limits (map of the property attached) from the
Agriculture ("AG") zoning district/classification to the Restricted
Industrial, ("RI -1" ) zoning district/classification; providing for the
taking of implementing administrative actions; providing for the
adoption of a map by reference; repealing all conflicting ordinances;
providing for severability; providing for non -codification and
providing for an effective date.
Whereas, Robert J. Maksimowicz, whose address is 530 South Ronald
Reagan Boulevard, #100, Longwood, Florida 32750, is the owner of the property which is
the subject of this Ordinance; and
Whereas, the real property which is addressed at 4005 Church Street relative
to which action is taken in this Ordinance, totaling 1.18 acres in size (Tax Parcel
Identification Number 21-19-30-505-0000-004A), is located on the south side of Church
Street approximately 450 feet east of Monroe Road (County Road 15/United States
Highway 17-92); and
Whereas, the owner applied to the City of Sanford, pursuant to the controlling
provisions of State law and the Code of Ordinances of the City of Sanford, to have the
subject property rezoned to the Restricted Industrial, ("RI -1" ) zoning classification/district
from the existing Agriculture ("AG") zoning classification/district; and
Whereas, based on the nature of the rezoning to a Euclidean zoning
classification/district, the CAPP (Citizens Awareness and Participation Plan) meeting has
been deferred to the next phase of development; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject rezoning application
be approved and has otherwise reviewed and evaluated the application to determine
whether is comports with sound and generally accepted land use planning practices and
principles as well as whether the application is consistent with the goals, objectives and
policies set forth in the City's Comprehensive Plan and supports the Redevelop and
Revitalize Disadvantaged Communities strategic priority of the City; and
Whereas, on April 5, 2018 the Planning and Zoning Commission of the City of
Sanford recommended that the City Commission approve the subject rezoning as set
forth in this Ordinance; and
Whereas, professional City planning staff, the City's Planning and Zoning
Commission and the City Commission have determined that the proposed the rezoning
of the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the land development regulations of the City of Sanford, and
the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken, as
implemented by City staff, all actions relating to the rezoning action set forth herein in
accordance with the requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to the application relating to the proposed rezoning of the subject
property as well as the recitals (whereas clauses) to this Ordinance.
(b). The subject property, which is 1.18 acres in size, is located on the south
side of Church Street approximately 450 feet east of Monroe Road (County Road
15/United States Highway 17-92) and is assigned Tax Parcel Identification Number
21-19-30-505-0000-004A by the Property Appraiser of Seminole County.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Rezoning of Real Property/Implementing Actions.
(a). Upon enactment of this Ordinance the following described property, as
depicted in the map attached to this Ordinance, and totaling is 1.18 acres in size, shall be
rezoned from the Agriculture ("AG") zoning classification/district to the Restricted
Industrial, ("RI -1" ) zoning classification/district:
In Section 21, Township 19 South, Range 30 East, Seminole County,
Florida: The East 200 f of Lot 4 (less the North 15 feet for road).
All said property being within AMENDED PLAT MANN'S SUBDIVISION as
recorded at Plat Book 6, Page 89 of the Public Records of Seminole
County, Florida. (Tax Parcel Identification Number:
21-19-30-505-0000-004A.)
(b). The City Manager, or designee, is hereby authorized to execute any and all
documents necessary to formalize approval of the rezoning action taken herein and to
revise and amend the Official Zoning Map or Maps of the City of Sanford as may be
appropriate to accomplish the action taken in this Ordinance.
(c). Conditions of development relating to the subject property may be
incorporated into the subsequent pertinent development orders and development permits
and such development orders and development permits may be subject to public hearing
requirements in accordance with the provisions of controlling law.
Section 3. Incorporation of Map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of
this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
Section 5. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Non -codification. This Ordinance shall be not be codified in the City
Code of the City of Sanford or the Land Development Code of the City of Sanford;
provided, however, that the actions taken herein shall be depicted on the zoning maps of
the City of Sanford by the City Manager, or designee.
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 14th day of May, 2018.
Attest:
Ph -j n f� 0, PP, N
Traci Houchin, City Clerk, CIVIC, FCRM"
Approved as to form and legal sufficien
William L. Colbert, City Attorney
Lai
City Commi.,
Sanford, Flpri
n of the City of
riplett, Mayor
5 1 P
PROJECT INFORMATION — 4005 CHURCH 'S'T'REET
REZONE
Requested Action: Request to rezone 1.18 acres at 4005 Church Street from AG, Agriculture to RI -1,
Restricted Industrial
Proposed Use: Industrial
Project Address: 4005 Church Street
Current Zoning: AG, Agriculture
Proposed Zoning: RI -1, Restricted Industrial
Current Land Use: Vacant
Legal Description: 200 Feet of Lot 4 (Less N 15 For Rd), Amended Plat Manns Subdivision, PB 6 PG 89
Tax Parcel Number: 21-19-30-505-0000-004A
Site Area: 1.18 acres
Property Owners: Robert J. Maksimowicz
530 S Ronald Reagan Blvd 9100
Longwood, FL 32750
Applicant/Agent: Robert J. Maksimowicz
530 S Ronald Reagan Blvd #100
Longwood, FL 32750
Marie Figueiredo: marie.marmac@gmail.com
CAPP Meeting: Given the nature of the straight rezone, a CAPP meeting is being deferred to any future
public hearings requiring citizens input
Commission District: District 2 — Commissioner Velma Williams
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: WIC, Westside Industry & Commerce
Existing Land Use: Vacant
Surrounding Uses and Zoning:
Zonin
North A-1, Agriculture,
South PD, Planned Development (County)
East PD, Planned Development (County)
West PD, Planned Development
Use
Retention Pond (County)
Datatron (County)
Maronda Systems Incorporated (County)
Develen Office
CONCURRENCY
Concurrency is a finding that public facilities and services necessary to support a proposed development are
available, or will be made available, concurrent with the impacts of the development. An assessment will be made
at the development review stage.
LOS Standard
Facility Capacity**
Potable Water: 144 gal/capita/day
9.02 MGD (CUP Capacity)
Sanitary Sewer: 132 gal/capita/day
9.3 MGD
Solid Waste: 2.46 lbs/capita/day
21.5 million tons
The proposed overall demand of the project will be determined at the time of Engineering Plan Review.
The City's Utility Department tracks water and wastewater capacities for all projects once a Florida Department of
Environmental Protection (FDEP) permit has been obtained. The available capacity for a proposed project is verified
but will not be reserved until a FDEP permit is obtained. Below is a breakdown provided by the City of Sanford
Utility Department for current usage within the City:
Potable Water** Sanitary Sewer**
Recorded 3 -month Average daily flow: - 6.73 MGD
Recorded 12 -month Average daily flow: 7.504 MGD -
Projects with FDEP permits (not in service): 0.806 MGD 0.624 MGD
** As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit)
TADevelopment Review\03-Land Development\2018\4005 Church Street - Rezone\CC 04-23-18\Project Info - 4005 Church Street - Rezone.doc
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4005 Church Street
Parcel No: 21-19-30-505-0050-004A �G
I I I i
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
77—
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below.
1. Ownership
hereby attest to ownership of the property described below.,
S
Tax Parcel Number(s): —7 -3 C cC "C"
0 c
Address of Property: �QQj C_�A-A-Act- I "s -k
for which this application is submitted to the City of Sanford.
11. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): Signature:
Agent Address:
Email: Phone: Fax:
111. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity Is a (check one)
.individual E3 Corporation o Land Trust o Partnership o Limited Liability Company
o Other (describe):
1. List all natural Persons who have an ownership interest In the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
kUt--.
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust: U
L JY' .� t'JC. 'A' -LC CL
'o c.L-� L (L7
32A SC
4. For Partnerships, including limited partnerships, list the name and address of each principal in t partnership, including general
or limited partners., If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and Lille of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC: � i )q
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser.
Date of Contract:
NAME TITLEIOFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
" onk"S_L0"
t3_LVJ'_
3--.io
Q
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shelf be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures Is grounds for the subject rezone, future land use amendment special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
3.
Date
STATE OF FL�A
COUNTY OF
Sworn to (or affirmed) and subscribedfore me by
1r,-) - 777
on this q day of 0—VC-ff1 20_Lj�.
Sign tore of Notary Public
Personally Known Q011 Produced Identification 0
Type of Identification Produced
Affidavit of ownership - January 2015
Owner, Agee T,_Kp-plicant Signature
".J- Go I (C" ! "o
Print, Type or Stamp Name of Note C'
JENNIFERM. GOLLOWAy
NolonqPublic - State of Florida
7 Commission # GG 162235
MY CO.-ron. Expires Nov 21, 2021
Ordinance No. 4450
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 1.18 acres in size and located at 4005 Church
Street (Tax Parcel Identification Number 21-19-30-505-0000-004A)
within the City Limits (map of the property attached) from the
Agriculture ("AG") zoning district/classification to the Restricted
Industrial, ("RI -1" ) zoning districticlass ification; providing for the
taking of implementing administrative actions; providing for the
adoption of a map by reference; repealing all conflicting ordinances;
providing for severability; providing for non -codification and
providing for an effective date.
Whereas, Robert J. Maksimowicz, whose address is 530 South Ronald
Reagan Boulevard, #100, Longwood, Florida 32750, is the owner of the property which is
the subject of this Ordinance; and
Whereas, the real property which is addressed at 4005 Church Street relative
to which action is taken in this Ordinance, totaling 1.18 acres in size (Tax Parcel
Identification Number 21-19-30-505-0000-004A), is located on the south side of Church
Street approximately 450 feet east of Monroe Road (County Road 15/United States
Highway 17-92); and
Whereas, the owner applied to the City of Sanford, pursuant to the controlling
provisions of State law and the Code of Ordinances of the City of Sanford, to have the
subject property rezoned to the Restricted Industrial, ("RI -1" ) zoning classification/district
from the existing Agriculture ("AG") zoning classification/district; and
Whereas, based on the nature of the rezoning to a Euclidean zoning
classification/district, the CAPP (Citizens Awareness and Participation Plan) meeting has
been deferred to the next phase of development; and
Whereas, the City's Planning and Development Services Department has
IIPagz
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject rezoning application
be approved and has otherwise reviewed and evaluated the application to determine
whether is comports with sound and generally accepted land use planning practices and
principles as well as whether the application is consistent with the goals, objectives and
policies set forth in the City's Comprehensive Plan and supports the Redevelop and
Revitalize Disadvantaged Communities strategic priority of the City; and
Whereas, on April 5, 2018 the Planning and Zoning Commission of the City of
Sanford recommended that the City Commission approve the subject rezoning as set
forth in this Ordinance; and
Whereas, professional City planning staff, the City's Planning and Zoning
Commission and the City Commission have determined that the proposed the rezoning
of the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the land development regulations of the City of Sanford, and
the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken, as
implemented by City staff, all actions relating to the rezoning action set forth herein in
accordance with the requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to the application relating to the proposed rezoning of the subject
2Page
property as well as the recitals (whereas clauses) to this Ordinance.
(b). The subject property, which is 1.18 acres in size, is located on the south
side of Church Street approximately 450 feet east of Monroe Road (County Road
15/United States Highway 17-92) and is assigned Tax Parcel Identification Number
21-19-30-505-0000-004A by the Property Appraiser of Seminole County.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Rezoning of Real Property/Implementing Actions.
(a). Upon enactment of this Ordinance the following described property, as
depicted in the map attached to this Ordinance, and totaling is 1.18 acres in size, shall be
rezoned from the Agriculture ("AG") zoning classification/district to the Restricted
Industrial, ("RI -1" ) zoning classification/district:
In Section 21, Township 19 South, Range 30 East, Seminole County,
Florida: The East 200 f of Lot 4 (less the North 15 feet for road).
All said property being within AMENDED PLAT MANN'S SUBDIVISION as
recorded at Plat Book 6, Page 89 of the Public Records of Seminole
County, Florida. (Tax Parcel Identification Number:
21-19-30-505-0000-004A.)
(b). The City Manager, or designee, is hereby authorized to execute any and all
documents necessary to formalize approval of the rezoning action taken herein and to
revise and amend the Official Zoning Map or Maps of the City of Sanford as may be
appropriate to accomplish the action taken in this Ordinance.
(c). Conditions of development relating to the subject property may be
incorporated into the subsequent pertinent development orders and development permits
and such development orders and development permits may be subject to public hearing
requirements in accordance with the provisions of controlling law.
Section 3. Incorporation of Map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of
this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
Section 5. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Non -codification. This Ordinance shall be not be codified in the City
Code of the City of Sanford or the Land Development Code of the City of Sanford;
provided, however, that the actions taken herein shall be depicted on the zoning maps of
the City of Sanford by the City Manager, or designee.
41 P
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 14th day of May, 2018.
Attest.,
City Commission of the City of
Sanford, Florida
Traci Houchin, City Clerk, CMC, FCRM Jeff Triplett, Mayor
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
ws RM x_
Item No.
CITY COMMISSION MEMORANDUM 18-102
MAY 14, 2018
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Development Servzces Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager``
SUBJECT: Rezone 1.18 acreslocated at 4005 Church Stree om AG, Agriculture to
RI -1, Restricted Industrial
THIS IS A QUASI-JUDICIAL MATTER AND; AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to rezone 1.18 acres located at 4005 Church Street from AG, Agriculture to RI -1,
Restricted Industrial, has been received.
The property owner and applicant is Robert J. Maksimowicz. Based on the nature of the rezone to
a standard zoning classification, the CAPP (Citizens Awareness and Participation Plan) meeting
has been deferred to the next phase of development. Additional information pertaining to the CAPP
for this project is included in the background of this report.
The Affidavit of Ownership and Designation of Agent form is attached and additional information
is available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject properties are vacant. Based on the
2017 property tax roll, the subject property has a total assessed value of $118,335. The total tax
bill for the three properties in 2017 was $2,253. The property owner is proposing to develop new
non-residential construction which would generate additional tax revenue to the City.
No additional staffing is anticipated if the rezone is approved.
BACKGROUND:
The 1.18 -acre site is located on the south side of Church Street approximately 450 feet east of
Monroe Road (CR 15/US 17-92). At the time of annexation, the property was assigned an AG,
Agriculture zoning classification and an underlying land use of WIC, Westside Industry and
Commerce. The rezone of the property from AG, Agriculture to RI -1, Restricted Industrial
supports the Redevelop and Revitalize Disadvantaged Communities strategic priority. The
applicant is proposing to develop an industrial building for the purpose of operating future uses
consistent with the RI -1 zoning and compatible with the uses currently surrounding the property.
The "Westside Industry and Commerce" (WIC) area is a mixed use designation intended to
promote the development of employment centers in the vicinity of the West SR 46 corridor and
the commuter rail station. The corridor's proximity to I-4 as well as SR 417 and the SunRail
commuter line provides access to regional markets and a substantial labor force. The WIC
designation permits both a vertical and horizontal land use mix of commercial, office, residential
with a maximum residential density of 20 dwelling units per acre.
The City's Citizens Awareness and Participation Plan requirement is designed to focus attention
on the importance of citizen participation early in the planning process and its relationship to
completing a successful development project in Sanford. At this time, no development project or
plan has been presented for consideration. The applicant has solely submitted an application to
rezone the property to a zoning classification that is in line with its underlying land use. The
application received is to rezone to RI -1, Restricted Industrial. Pursuant Article II of the LDR, RI -
1 includes areas of the City of Sanford which are intended for light wholesale and manufacturing
uses and related accessory uses. A rezone to RI -1, Restricted Industrial is consistent with the WIC
Land Use classification.
As no additional standards or conditions can be placed upon this type of rezone, and the rezone is
presented to determine whether or not the request is consistent with the underlying land use and
the goals and objectives of the Comprehensive Plan, public participation in the process at this time,
will not influence whether or not the request is compatible with the Comprehensive Plan. Any
development that occurs in the future on said property will be subject to all conditions, standards
and regulations set forth in the LDR and other City codes for development within the RI -1 zoning
district, if this rezone is approved. If any Conditional Uses, Variances or other deviations from the
code are expected, additional public hearings may be required and therefore subject to the
necessary CAPP meeting component at that time.
The Planning and Zoning Commission held a public hearing on April 5, 2018 to consider the
request and recommended the City Commission adopt an ordinance to rezone 1.18 acres located
at 4005 Church Street from AG, Agriculture to RI -1, Restricted Industrial, has been received.
The City Commission approved the first reading of Ordinance No. 4450 on April 23, 2018.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on May 6, 2018.
LEGAL. REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033,
Florida Statutes, provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit that is certified by a professional
listed in s. 403.0877, a municipality may not request additional information from the
applicant more than three times, unless the applicant waives the limitation in writing. Before
a third request for additional information, the applicant must be offered a meeting to attempt
to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes
the request for additional information is not authorized by ordinance, rule, statute, or other
legal authority, the municipality, at the applicant's request, shall proceed to process the
application for approval or denial.
(2) When a municipality denies an application for a development permit, the municipality
shall j4ive written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other legal authority for the denial
of the permit.
(3) As used in this section, the term "development permit" has the same meaning as in s.
163.3164, but does not include building permits.
(4) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development permit
that an applicant obtain a permit or approval from any state or federal agency unless the
agency has issued a final agency action that denies the federal or state permit before the
municipal action on the local development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on
the part of an applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the municipality for issuance of the permit if the applicant fails
to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency
or undertakes actions that result in a violation of state or federal law. A municipality shall
attach such a disclaimer to the issuance of development permits and shall include a permit
condition that all other applicable state or federal permits be obtained before
commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land." (Section
163.3164(16), Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to
the applicable portions of each ordinance, rule, statute, or other legal authority supporting the
denial of the application. For example, if a goal, objective or policy of the Sanford Comprehensive
Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion
proposing the denial. A denial development order would be drafted to implement the actions of
the Planning and Zoning Commission in the event of such occurrence. Accordingly, any motion
to deny must state, with particularity, the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofJ an application"
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
RECOMMENDATION:
The Planning and Zoning Commission recommends the City Commission adopt Ordinance No.
4450 to rezone 1.18 acres with a project address of 4005 Church Street from AG, Agriculture to
RI -1, Restricted Industrial based on the request being consistent with the goals, objectives and
policies of the City's Comprehensive Plan.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4450 to rezone 1.18 acres with a project address of 4005 Church
Street from AG, Agriculture to RI -1, Restricted Industrial based on the request being consistent
with the goals, objectives and policies of the City's Comprehensive Plan."
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
Ordinance No. 4450
TADevelopment Review\03-Land Development\2018\4005 Church Street - Rezone\CC 04-23-18\CC Memo - 4005 Church Street - Rezone.docx